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Mr Clark lost his claims of unfair dismissal. On appeal the EAT remitted certain aspects of the case for a fresh hearing, but Mr Clark obtained leave to appeal further on the question of whether "the Lincoln employment tribunal has departed from the universal obligation of judicial tribunals to give reasons which are candid, intelligible, transparent and coherent.". The basis for this was that it had referred to cases in its decision which had not been put before it and were unobtainable, and that its further comments, in response to the EAT's request, were not exactly illuminating.

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